Terms of Use

Section I: Terms

1. For the purpose of these Laflau Terms of Use:

• The Laflau Service (the “Service”) includes all pages of the website located at https://laflau.com, as well as Laflau Mobile Applications that provide access to a database of items sold through the Service.
• Website means all pages of the website located at https://laflau.com.
• Laflau Mobile Applications mean software (for mobile devices) on the Android and iOS platforms available for Users to download at https://laflau.com.
• User means a legally capable individual using the Service to purchase items or order item delivery.
• Recipient means a third party indicated by the User as the recipient of items, if the recipient is not the User; in case of Self-pickup, a third party with whom the User has shared the security code for order pickup and who receives the goods by means of Self-pickup.
• Personal Area means the User’s personal area in the Service associated with the User’s account, where the User can manage personal settings, view order history, etc. A personal area is created for the User after signing up for the Service.
• Item means an object of sale and purchase (a thing), not withdrawn from the market and not subject to commercial restrictions, which is the subject of a purchase/sale agreement concluded using the Service. Items may be food or non-food products about which information is posted on the Service.
• Seller means a legal entity or sole trader listing their items for sale using the Service.
• Order means the actions taken by the User to enter into an agreement for the purchase of items and an agreement for the delivery of items by placing an order directly through the Service.
• Delivery means a service for delivering items for which the User has placed an order through the Service.
• Self-pickup means the independent receipt of an order at a Seller’s shop (without delivery).
• High Demand Days refer to days when the Service experiences higher-than-normal workloads, on which Users have additional options for order cancellation. High Demand Days are determined by the Service.
• Seller’s Gift Certificate (“Seller’s Certificate”) is a unique alphanumeric code, either physical or digital, which acts as proof of a prepayment and entitles the User/Recipient to purchase goods and/or services from the Seller up to the certificate’s value, within the period specified by the Seller. Terms of use for the certificate are provided on the Service and may also be indicated on the certificate itself.
• Support Service means a service that a Service User can contact for technical support to resolve a problem or for additional information. The Service Support can be contacted:

• by email at [email protected].

• Chat is a tool in the Service for exchanging messages with the Support Service and the Seller, available in the Mobile Applications and on the Website.
• Laflau Terms of Use (the “Terms”) means this document, posted online at https://laflau.com/docs/terms-of-use.html/.
• Laflau means an entrepreneur Meleshko Vladislav (ICO: 17693489), operating in accordance with the laws of Czech Republic.

2. Terms not defined in clause 1 of this section of the Terms of Use may be used in the Terms in their general sense. In the absence of an unambiguous interpretation, terms shall be construed in accordance with Czech Republic law, the Service, or their generally accepted internet meanings.

Section II: General Provisions

1. By using the Service, the User is considered to have accepted the Terms in full, without any reservations or exceptions, and is also considered to have accepted in full, without any reservations or exceptions, the terms of the following documents:

• Privacy Policy, available at https://laflau.com/docs/personal-data.html/;
• Laflau Terms of Use, available at https://laflau.com/docs/terms-of-use.html/.

If the User does not accept the Terms and/or the terms of the documents specified in this clause of the Terms, they must immediately stop using the Service.

2. The Terms of Service, as well as the documents specified in clause 1 of this Section of the Terms of Service, may be amended and/or revised by Laflau unilaterally. The Terms of Service and the documents specified in clause 1 of this Section of the Terms of Service are open and publicly available documents. The current versions of the documents are available at https://laflau.com/docs/terms-of-use.html/. Laflau recommends that Users regularly check these documents for amendments and/or revisions. Continuing to use the Service upon introduction of any amendments and/or revisions to the Terms of Service shall mean that the User has accepted and agreed to such amendments and/or revisions.
3. A failure by the User to familiarize themselves with the Terms of Service may not constitute grounds for any failure by the User to fulfill their obligations or comply with the limitations set out in the Terms of Service.

Section III: Signup for the Service

1. To use certain features of the Service and/or to place an Order, the User must complete the registration procedure:
   to use the Service through the Mobile Application, the User must:

• enter a phone number and other data indicated by the Service as required in appropriate fields;
• enter the verification code sent via a text message to the specified phone number in the appropriate field;

2. OR
   place the first Order.
3. Signup for the Service is free.
4. Signup with one phone number is allowed only once. If the phone number specified during signup changes, the User must:

• Register a new user account using a different phone number (in this case, the Order History and existing bonus points will not be saved)

5. OR

• contact the Support Service. The Support Service must be contacted from the User’s phone number specified during signup. The Support Service can be contacted for this purpose via Chat. In this case, the Order History and the existing bonus points will be saved.

6. After signing up for the Service, a user account shall be created and made available to the User.
7. Laflau processes Users’ personal data in accordance with the Privacy Policy, available at https://laflau.com/docs/personal-data.html/.
8. By signing up for the Service, the User agrees that Laflau may send informational and advertising messages as well as service notifications including those related to Orders:

• at the email address specified during signup

9. OR

• through calls/SMS/push notifications or otherwise to the phone number specified during signup and/or in the Order.

10. The User has the right to opt out of receiving informational and advertising messages by disabling the corresponding feature in the Service settings and/or following the instructions in the message received.

Section IV: Conditions for Users Purchasing Items/Ordering Delivery Solely for Personal, Family, Household, and Other Non-Business Needs

1. Placing an Order

1.1. A User places an Order independently using the features of the Service.

1.2. When placing an Order using the Service, the User enters into contracts for the sale and delivery of the Items with the Seller, establishing direct contractual relations with the Seller from which they are purchasing the Items/ordering Delivery. All rights and obligations under these contracts are directly held by the Seller. Using the Service, Laflau provides the User with information and consulting services that include:

• selecting Items;
• concluding an agreement for the sale and delivery of Items with the Seller;
• Laflau is not a payment service provider within the meaning of Act No. 370/2017 Sb., on Payment Services, as applicable in the Czech Republic, and does not provide any services related to the execution of payments.
• receiving notifications about the Order status;
• modifying or canceling the Order.

1.3. By placing an Order, the User agrees that the Seller has the right to authorize a third party for delivery while remaining responsible for the Delivery execution.

1.4. At the time of Order placement, the User is required to review the following information on the Service:

• main consumer properties of the Item/service terms;
• full name and address (location) of the Seller;
• place of manufacture of the Items;
• price (including VAT and other taxes, if applicable) and purchase conditions, including payment procedures;
• terms and conditions for Delivery or Self-pickup;
• lifespan, expiration date, and warranty period of the Product (if applicable).

1.5. Information on the availability of Items on the Service is confirmed when the User places an Order and may change due to technical features of the Service.

1.6. When placing an Order, the User must provide all data necessary for fulfilling the Order, including but not limited to:

• valid contact details for both themselves and the Recipient of the Goods;
• in case of Delivery: address, date, and time of Delivery. If another individual will accept the Goods, and the delivery time and address are unknown at Order placement, the User shall provide a contact phone number for the Seller/Supplier to arrange the Delivery details;
• in case of Self-pickup: date and time of Self-pickup.

1.7. Invalid or incorrect information as specified in clause 1.6 constitutes grounds for cancellation of the Order.

1.8. Laflau reserves the right to block a User's ability to place an Order in cases of repeated Order cancellations, Item refusals, or repeated failures to perform Self-pickup, as well as any violation of these Terms. The blocking period is determined by Laflau independently.

1.9. The Order is confirmed by the User's payment. The Seller will only proceed with fulfilling the Order after payment is completed.

1.10. The contract with the Seller/Laflau is considered concluded:

• if paid via Google Pay—from the moment the User clicks the ‘Pay’ button;
• if paid via Apple Pay—from the moment the User clicks the ‘Buy’ button;
• if paid via bank card—from the moment the User clicks ‘Complete registration’ or ‘Order’.

The contract is concluded in electronic form in accordance with the Civil Code of the Czech Republic (Act No. 89/2012 Sb., občanský zákoník) and the Act on Certain Information Society Services (Act No. 480/2004 Sb., o některých službách informační společnosti).

1.11. By paying for the Order, the User confirms:

• that they have fully reviewed and understand the information specified in clause 1.4;
• agreement to all material terms of sale, Delivery, and Self-pickup.

1.12. After payment and submission of Order details to the Seller/Carrier, the User cannot make changes to the Order using the Service. If changes are needed, the User may contact the Seller/Carrier using contact information provided by the Service. Changes related to Order composition, delivery date, time, address, Recipient’s name, or message/greeting card details are allowed until the Order status changes to ‘Ready for delivery’ / ’Delivery’.

2. Order Cost. Payment Procedure

2.1. Available Payment Methods
The available payment methods for the Order are determined by the Seller and agreed upon directly between the User (Buyer) and the Seller at the time of Order placement. Laflau does not process payments or provide payment services through the platform. The method of payment selected by the User from those agreed upon with the Seller shall be considered the agreed payment method.

2.2. No Payment Processing by Laflau
Laflau does not act as a payment intermediary or accept payments on behalf of the Seller. The payment for an Order is made directly between the User and the Seller, and Laflau is not involved in the transaction. Any payment obligations between the User and the Seller, including the choice of payment method and settlement process, are to be negotiated and fulfilled independently by the parties. Laflau does not store, process, or have access to any financial or banking information of the User. If payment is made through third-party services (e.g., bank transfer, credit card, etc.), those payments are handled directly by the User’s and Seller’s chosen financial institutions.

2.3. Tax Invoice Issuance
The Seller is responsible for issuing the Tax Invoice for the total order amount in accordance with the tax laws of the Seller's country. The Tax Invoice will be provided to the User at the time of order delivery (if the User is the Recipient) and/or sent to the User’s registered email address upon request. The User is responsible for providing accurate information for the Tax Invoice. The Seller is not obligated to issue a new Tax Invoice in case of incorrect data provided by the User.

2.4. Personal Data
The User agrees that personal data provided to Laflau during the Order process and/or for a refund may be transferred to financial institutions involved in the respective transactions, in accordance with applicable data protection laws.

3. Delivery and Self-pickup

3.1. The time and cost of Delivery of the Items for each Order are determined at the time of Order placement.

3.2. If, at the time of Order placement, the User has not specified a Delivery address, the Seller or Laflau shall contact the User/Recipient to clarify the Delivery address. After clarifying the Delivery address, the Seller has the right to change the delivery cost indicated at the time of Order placement. The new delivery cost shall be agreed upon between the Seller and the User directly. If the User disagrees with the new delivery cost, the User/Seller has the right to cancel the Order. The Seller shall deliver Items only within the country of its registration. The Seller has the right to limit its Delivery area independently. The possibility of delivering Items to the specified delivery address is displayed on the Service at the time of Order placement. Cancellation of an Order shall be carried out as provided in Clause 4 of this Section of the Terms.

3.3. If Delivery of Items was carried out within the time frame established by the contract but the Items were not transferred to the User/Recipient for reasons beyond the control of the Seller, the Seller has the right:

• refuse to fulfill the Order. In this case, a refund shall be issued to the User, except for the cost of delivery of the Goods from the User/Recipient to the Seller. The cost of this delivery shall be determined based on the delivery cost indicated at the time of Order placement. Additionally, the User may incur other costs associated with the fulfillment of the Order as per the applicable legislation of Czech Republic;
• re-deliver the Items on a new date agreed upon with the User, subject to the User's repeated payment of the cost of Delivery.

3.3.1. If, at the time of Order placement, the User chooses to collect the Goods by means of Self-pickup, the User shall be obliged to pick up the Order within the time period specified at the time of Order placement. If the User does not pick up the Goods within the specified period, the User may pick up the Order by the end of the current day within the Seller’s business hours or within another time period specified by the Service (provided that the self-pickup period is extendable and within the Seller’s business hours). If the User does not pick up the Goods within the specified period, the User shall be considered to have refused to accept the Goods, and the Seller has the right to refuse to fulfill the Order unilaterally, and the Order may be canceled by the Service.

When performing Self-pickup, the User/Recipient shall provide the Seller with the Order pick-up security code. The User shall be solely responsible for keeping the Order pick-up security code confidential and for sharing it with third parties.

3.4. The risks of accidental loss or damage to the Items pass to the User/Recipient at the time of the transfer of the Items.

3.5. Upon receipt of the Items, the User/Recipient is obliged to inspect the Items and check them for compliance with the Order.

3.6. In the event of any claims regarding the Items, the User/Recipient has the right to refuse the Items upon receipt in the manner provided for in Clause 4.3 of this Section of the Terms, or to accept the Items and subsequently open a dispute as provided for in Clause 5 of this Section.

3.7. Upon request of the User/Recipient, purchased jewelry and other products made of precious metals and/or precious stones may be weighed using measuring instruments that are in good working order and comply with the legislation of the Seller’s country regarding ensuring the uniformity of measurements. The User/Recipient may agree upon the date, time, and place of weighing with the Seller.

3.8. Users who place an Order that includes the purchase and/or delivery of age-restricted Items must be of legal age. This means that they must meet the legal age requirement specified by the applicable local legislation in the country where the User is placing the Order. By placing an Order for age-restricted Items, you confirm that you are of legal age.

If the Order contains age-restricted Items, the Seller and/or the person delivering the Order has the right to verify the age of the User/Recipient based on an identification document (passport, ID, or other document depending on the country).

If the identification document is not presented or the age of the User/Recipient does not meet the age restrictions for the Item, the Item will not be transferred to the User/Recipient. The delivery service will be considered properly fulfilled, and the User will not be entitled to a refund for the delivery service. Additionally, the User may be charged for redelivery to the Seller. Refunds for the Item shall be made in accordance with Clause 4.5 of Section IV.

In cases and cities where the sale and/or delivery of age-restricted Items (e.g., alcoholic beverages) is restricted during specific time slots, it is the User's responsibility to place Orders only during the times allowed by the applicable legislation. Laflau and/or the Seller reserves the right to refuse Orders for the purchase and/or delivery of age-restricted Items outside the permitted times.

4. Order Cancellation. Refusal of Items. Return of Items

4.1. The Seller has the right to cancel an Order if:

• An Item is out of stock or an Item to be delivered to the User is damaged;
• The User refuses the Order in accordance with the Terms;
• The User/Recipient evades receipt of the Items;
• The cost of the Order was indicated/displayed incorrectly due to a technical failure or for other reasons, and the Seller was unable to contact the User and/or the User does not agree with the new cost of the Order, including the cost of Delivery;
• In other cases provided for by the Terms or in other cases when the Seller is unable to fulfill the Order.

4.2. The User has the right to cancel an Order:

• Users may cancel their whole Order by using the Service features. Users may cancel their Order in part only by contacting the Service Support;
• After the Order status changes to ‘Ready for delivery’’ cancellation of the Order is not possible. In this case, the User shall follow Clause 4.3 of this Section of the Terms;
• If Delivery is scheduled on a High Demand Day (the Delivery date falls on a High Demand Day), the User shall be provided with an option to cancel their Order with status ‘Ready for delivery’ if the Delivery of the Goods is overdue for more than 2 (two) hours. Users may cancel their whole Order by using the Service features. Users may cancel their Order in part only by contacting the Service Support;
• When choosing to collect the Goods by means of Self-pickup, after the Order status has changed to ‘Accepted,’ Order cancellation shall only be possible by contacting the Service Support.
• Once an order for a custom-made item has been confirmed, the Customer cannot cancel it.

4.3. Refusal of Items by the User/Recipient:

• Upon accepting the Goods by means of Delivery or Self-pickup, the User may refuse to accept the Goods either in part or in whole. A refusal to accept the Goods shall be arranged by contacting the Service Support;
• Upon accepting the Goods by means of Delivery, the Recipient may only refuse to accept the Goods in whole. In this case, the Seller shall contact the User to arrange further actions. If the Seller was unable to contact the User within 10 (ten) minutes, having made at least 3 (three) calls, the Seller has the right to refuse to fulfill the Order. In this case, a refund shall be issued to the User, except for the cost associated with the delivery of the Goods from the Recipient to the Seller. The cost amount shall be determined by the cost of the Delivery of the Goods specified at the time of placing the Order. In addition, the User may incur other costs associated with the fulfillment of the Order, which may be incurred according to the applicable legislation of Czech Republic;
• If the User/Recipient has refused to accept all the Goods listed in the Order, and such refusal is not associated with inadequate quality of the Goods, a refund shall be issued to the User, except for the cost associated with the delivery of the Goods from the User/Recipient to the Seller. The cost amount shall be determined by the cost of the Delivery of the Goods specified at the time of placing the Order. Additionally, the User may incur other costs associated with the fulfillment of the Order, which may be incurred according to the applicable legislation of Czech Republic;
• If the User has refused to accept part of the Goods listed in the Order, a refund shall be issued to the User for the Goods they have refused to accept, except for the cost associated with the delivery of the Goods from the User/Recipient to the Seller. The cost amount shall be determined by the cost of the Delivery of the Goods specified at the time of placing the Order. Additionally, the User may incur other costs associated with the fulfillment of the Order, which may be incurred according to the applicable legislation of Czech Republic.
• Custom-made goods of satisfactory quality cannot be returned.

4.4. Return of an Item by the User:

• The return of Items of good quality is possible if their saleable condition and initial consumer properties are retained;
• A User wishing to return an Item shall make the request in the manner provided for in Clause 5 of this Section of the Terms;
• The User shall return Items to the Seller using the details indicated on the Service. Additionally, the User may incur other costs associated with the fulfillment of the Order, which may be incurred according to the applicable legislation of Czech Republic.
• The User shall not have the right to refuse an Item of good quality having individually defined properties.

4.5. The return of jewelry made of precious metals and/or precious stones, as well as certified cut precious stones of acceptable quality, is possible if their saleable condition and initial consumer properties are retained with the original labels, tags, and seals attached to the product.

5. Support for the Consideration of User Claims

5.1. Laflau's liability is limited to the extent provided by the Civil Code of the Czech Republic (Act No. 89/2012 Sb., občanský zákoník) for owners of aggregators. The responsibility for the performance of the contract concluded between the User and the Seller via the Service, as well as for the observance of other consumer rights, lies with the Seller, unless otherwise provided by the applicable laws of the Czech Republic.

5.2. The Service provides Users with the function of information support for the consideration of claims. This does not imply that Laflau has the authority to satisfy the Users’ claims, including those related to the inadequate quality of Items. When providing such a function, Laflau acts as an arbitrator.

5.3. Within three (3) days from the moment a Seller fulfills an Order, the User has the opportunity to settle any claim with the Seller through the Service. Upon the expiration of the specified period, the User will settle all claims directly with the Seller without the involvement of Laflau unless otherwise provided by the current legislation of the Seller’s country of registration.

5.4. To file a claim through the Service, the User must:

• Evaluate the work of the Seller according to one of the criteria proposed by the Service, putting down 1 or 2 points;
• Choose what the claim is from the proposed options;
• Select the desired outcome of the resolution of the claim from the options offered or indicate another outcome of the resolution of the claim desired by the User;
• Describe in detail the circumstances that caused the claim and click the ‘Open dispute’ button.

5.5. Acting as an arbitrator, Laflau has the right to request information and documents necessary to decide on the claim from the User. The User’s failure to provide the requested information and/or documents may be grounds for deciding on the claim in favor of the Seller.

5.6. The term for an initial response to a claim with the participation of Laflau as an arbitrator is up to three (3) days, subject to the timely provision of the requested information and/or documents by the parties. The term for making a final decision is up to ten (10) days from the date of provision of all the requested information/documents.

5.7. If any of the parties disagree with the decision of Laflau, the dissenting party has the right to resort to other methods of protecting their rights provided for by the current legislation of Czech Republic.

5.8. Notwithstanding the provisions of this Section, the User has the right to use other means of resolving claims provided for by the current legislation of the Seller’s country of registration.

Section VI: Other Terms

1. If one or more provisions of the Terms are declared invalid or unenforceable for one reason or another, this shall not affect the validity or applicability of the remaining provisions of the Terms.
2. The Terms shall be governed by and construed in accordance with the laws of Czech Republic. Matters not settled in the Terms are subject to resolution in accordance with the legislation of Czech Republic. All possible disputes arising from relations governed by the Terms shall be resolved in the manner prescribed by the current legislation of Czech Republic.
3. Laflau does not guarantee the absence of interruptions in the operation of the Service due to technical malfunctions, maintenance, etc. However, it shall make commercially reasonable efforts to ensure the functioning of the Service around the clock.
4. Laflau is not responsible for damage (direct or indirect) caused to the User or third parties due to the use or inability to use the Service and shall not compensate for such damage unless otherwise provided for by the current legislation of Czech Republic.
5. Laflau is not responsible for any damage to the device or software of the User or another person caused or associated with the use of the Service or when clicking on the links posted on the Service unless otherwise provided for by the current legislation of Czech Republic.

Publication date: 07.11.2024